06/30/2014 - Fifth Circuit Holds Any Claim that Exhausts Underlying Insurance Can Trigger Excess Insurance
In a win for policyholders relying on multiple coverage layers, the Fifth Circuit held on June 23, 2014 that an excess liability insurance policy could be triggered by exhaustion of a “retained limit” - equal to the limits of underlying insurance - even if the amounts paid to meet the “retained limit” were not covered by the excess policy.
05/08/2014 - A Desk Guide to Data Protection and Breach Response - Special Series
If your business is connected to the Internet, it is vulnerable to attack, either by willful perpetrators intent on exfiltrating your proprietary or sensitive data for their own personal gain, or by casual hackers or hacktivists intending to cause damage to your business.
04/03/2014 - A Desk Guide to Data Protection and Breach Response - Part 8
In this final installment of our series, A Desk Guide to Data Protection and Breach Response
, we outline four key considerations that every company should be aware of in pursuing coverage for claims and losses arising out of a cyber/privacy breach.
02/27/2014 - A Desk Guide to Data Protection and Breach Response - Part 3
In this installment of A Desk Guide to Data Protection and Breach Response
, we outline issues businesses should consider when purchasing cyber liability policies.
10/30/2013 - Texas Supreme Court Reaffirms All Sums Allocation Approach for Continuous Losses
Finally resolving 12 years of litigation, the Texas Supreme Court ruled on August 23, 2013, that the triggered insurer—not the insured—bears the responsibility for allocating costs among insurers when a continuing loss extends over several policy periods.
10/10/2013 - The Government Shutdown: Can “Contingent Business Interruption” or “Civil Authority” Coverage Mitigate Business Losses?
Whether you call it a “shutdown” or a “slowdown,” the lack of a fully-funded federal government is impacting more than the 800,000 federal workers furloughed since October 1.
09/04/2013 - Fifth Circuit Court of Appeals Certifies Deepwater Horizon “Additional Insured” Issues To The Texas Supreme Court
On March 1, the Fifth Circuit Court of Appeals ruled that $750 million of primary and excess coverage issued to Transocean Holdings, Inc. (“Transocean”) “imposes no relevant limitations upon the extent to which BP [BP American Production Company] is covered” as an additional insured in connection with the Deepwater Horizon incident in April 2010.
07/31/2013 - Fifth Circuit Court of Appeals Addresses Insurers’ Claims to Enforce Indemnity Rights in an Insured’s MSA
Third party insurers are not entitled to enforce an insured’s defense, indemnification or insurance rights in a master services agreement (“MSA”) according to a three-judge panel of the Fifth Circuit Court of Appeals in an opinion issued on July 5.
06/24/2013 - Texas Authorizes Domestic Pure Captive Insurance Companies
On June 14, 2013, Governor Rick Perry signed legislation, which for the first time authorizes domestic captive insurers in Texas. The bill, known as SB 734, allows Texas businesses to realize the advantages, including tax benefits, of forming and operating a “pure” captive insurance company without the burden and cost associated with an out-of-state captive.
05/30/2012 - ABA Guest Article: Construction Anti-Indemnification Law Changes Indemnity and Additional Insurance Landscape
On January 1, 2012, Texas joined a handful of states in declaring construction contract indemnity provisions and additional insured requirements void and unenforceable.
05/04/2012 - CGL Policies Triggered by Allegations of Physical Damage to Adjacent Property
A standard commercial general liability (CGL) policy covers “damages because of . . . property damage.” Recently, in Mid-Continent Casualty Co. v. Academy Development, Inc.,
No. 11-20219, 2012 U.S. App. LEXIS 8056, --F.3d -- (5th Cir. Apr. 20, 2012), the Fifth Circuit Court of Appeals held that such policies are triggered by allegations of diminished value due to adjacent property damage, even where the underlying claimant has no ownership interest in the physically damaged property.
11/03/2011 - PropertyCasualty360 Guest Article: Disastrous 2011 a Reminder to Obtain Sufficient Coverage
Nature has done a number on the U.S. this year. With two months remaining, 2011 already set the record for the most FEMA-declared disasters since the agency began keeping track in 1953.
09/13/2011 - Insurance Journal Guest Article: How Can Insurance Agents Help the Texas Fire Victims?
As fires tear through Texas, businesses and homeowners struggle to determine their losses.
08/18/2011 - Lodging Hospitality Guest Column: Insuring Against Risks with Sustainable Hotels
Green building has grown exponentially in the past few years. As of March, 91 lodging properties had achieved the U.S. Green Building Council’s LEED certification.
06/27/2011 - New Texas Construction Anti-Indemnification Law ─ HB 2093
New anti-indemnity legislation will mark significant changes for the construction industry. On June 17, 2011, Texas Governor Rick Perry signed HB 2093, which makes certain indemnity provisions in construction contracts void and unenforceable if they require a person to indemnify, defend, or hold harmless another party for a claim caused by that party’s own negligence or fault.
06/01/2011 - Leslie Thorne Guest Column in Law360: Insurance Coverage For Storm Devastation
As storms rip through the southern and midwest U.S., businesses nationwide struggle to determine their losses. The May 22 storm that hit Joplin, Mo., left much of the city leveled. In Tuscaloosa, Ala., alone, where a tornado hit on April 27, the American Red Cross estimates that at least 5,000 properties have been destroyed.
Catastrophe modeler Air Worldwide Corp. has estimated insured losses resulting from recent storms and tornadoes at up to $5.5 billion already. Moreover, the catastrophic destruction we see in these communities is only part of the picture. The financial aftershocks will be felt throughout the country.
02/10/2011 - Securities Litigation and The Supreme Court: 2010 in Review and a Preview of 2011
This article, presented by Nick Even at the University of Texas School of Law 33rd Annual Conference on Securities Regulation and Business Law, summarizes the key securities law rulings from the Supreme Court in the past year, as well as the significant issues pending before the Justices in 2011, in the Janus Capital
06/25/2010 - Insurers, sureties slow to respond to green builders’ needs
Green building is here to stay...But with new green designs and products, new liabilities arise. What if an architect fails to deliver on an agreement to design a project to be LEED-certified?
Insurance Policy Perils and Gaps
As appearing in the March/April 2006 issue of Executive Counsel.